The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1887-10-19

WIS lQOSC Interested!
Now, had he been Governor at the time it
would not have been personalism il he had
| appointed these men whom he recommended,
| because then there was no prescription, no
personaiism! In appointing Republicans no
one had right to question the appoint;
| then, just as Democratic usages are de-
| nounced now.
,''Arsaces. says Montesquieu, in the politi-
cal romance of that name, loved SO much
| the Bactrians that he trembled always at the
| very name of REFORM of abuses, for he had
| often remarked that every one called that
| law which was conformable. to his personal
! views and called an abuse whatever was like
| ly to thwart his own interest"
| It was law TO Gov. Nicholls tha. his APP
pointments could not be questioned: that no
one had vested or legal light to do SO. To
ship, it is an abuse in the present incumbent
to exercise his judgment in the same manner.
| Says Gen. Nichols IN one of his speeches
! that he has recommended other than REFORM
| eTs, Democrats, friends of the State admin
istration, stslwart Democrats, like Monte
| gut, for positions in the Federal govern
nlent. SO have /. recommended the illus
| trious and lamented Ogden; and in doing so
him an injury, for the same reason that some
| of my reform appointments have been criti-
cised:; Gen. 0 den did not get the position
| for which not only recommended him but
|
reform element, as soon as it was ascertained
that my friends and myself were favoring
him, opposed him.
Gov. Nichols reaffirms the remarks he
made when first nominated for Governor:
Il will permit no man or set Of men to con-
| troll my judgment as to what is right and
proper,
Notwithstanding this declaration he sur
rendered the exercise of his discretionary
power as Governor, and was willing to part
with it. and to lower the dignity of the State
in iudicial contest 1t is well-known judi
cial fact that the Governor. cannot be made
| by judcia! process to perform an Of his
executive functions, for the reason that the
State cannot be mandamused. and that the
State can only be sued by permission OF her
Legislature. The State ID protected in her
rights and dignities, and it is as much the
duty of the Governor to protect her in these
other duty. But Gov. Nichols provoked the
proceedings in order to get the Supreme
Court to render an opinion under which he
could shield his own responsibility. In his
message to the General Assembly i'll 1878 he
says:
THE PACIFIC RAILROAD BONDS"
I'm accordance with the statement con-
veyed by me to the last session of the Cen
eral Assembly in giving my approval to Act
No. 6S of the regular session thereof, pro-
leans Pacific Railroad Company. man
damns proceeding was provoked byme. upon
| which a decree recognizing the consttll-
s of tie p act he ITALY BY
however, | declined to issue the bonds
granted by the act to the company, because
l did not consider that the mortgage bonds
of the road, which were, offered to me, met
| in several particulars the requirements of
the law. Thereafter a second mandAmus
proceeding was provoked, upon which the
Supreme Court decided adversely to the rail
road company, and the bonds have sub
loo, T \
repeal Of the act: because, if not repealed, it
will stand upon the statute books as per-
petual offer to the company OF State bonds,
and might be awaited of by it, even after the
completion Of the road by aid from other
sources"
Here we have the announcement that he
provoked two mandamus proceedings to aid
and assist his Judgment; that he, s!Irren-
dered that boosted will-power which he as
serted he would use on all OCCASIONS, and re-
fused to perform an Executive act, either to
approve or dtsapproye a Legislative act, until
he could shelter and shield his RESPONSE
billty.
4 reference to one of these cases will he
alone sufficient: State ex rel. N. Q. and P.
Railroad Company VIZ. Nichols: 3oth An
nual, page 1917. The Governor cannot
waive amy, of the rights Of the State, and it iss
jurisdiction in. the matter, The District
Court, Rogers Judge, refused to grant the
mandamus. THE District Court" says
Judge Mari in his opinion, refused to
grant the mandamus prayed for, mainly on
the ground of want of authority to inter
fere with the discretion of the Governor. y
II he Attorney General informs us in his
!, oral argument that the Governor desires to
make no question as to whether his power in
reference to the issuing of these bonds is
Discretionary, Dor as to the authority OF the
judicial Tribunals to control him Ill the per-
. Torrance of his duties"
The court evidently entertained the case
wit h ral &c =.
, reservation OF the power OF the Governor
for Judge Mari says in his opinion: I'VE
shall proceed, therefore, to consider the
. case, 1cithoW refpre1.Ee TO our authority TO
, dedl j,sdiciaily NTH the G0rei1tO,, promising
that judici0l po,cer is the creature Of TIE tar,
and nat ii cannot be e,idigeG 5y mere con-
i sent. -
There was positive violation of the Con-
= situation which organized the three depart
= nlents OF the governments. the Executive,
. judicial and legislative, with positive COM
mand that esch should be separate and dis.
tinct in the exercise OF its respective powers.
| could also cite other cases, his own de-
4 claIation and those of his canyasSers, when
I they attempt 10 shield him from the re.
/ sponsiblity of some alleged Objectionable
a appointments. But IN
THE CASE OF TOM ANDERSON
: we have striking. illustration, In case
| of Anderson's conviction lie had the I'M
| doubted right to pardon him, Of assuming
the whole and direct responsibility But he
e advised with the Democratic caucus, wai
present at it's session, and no doubt in
J. tluenccd its action by his presence, when the
following resolution was offered by Mr.
Frank Zacharie and adopted before tne cast
e had even been determined by the Suprem,
! Court:
: That it is the sense of this caucus that Thoms
c. Anderson be pardOned at once.
I Now, if the Governor was gifted with tina
:. extraordinary power that he could get along
: without advice, why did he SO indelicatel.
q go before the caucus to get its advice and eS
y preston OF its opinion on an act which tn
Senate might have TO pass upon under The
), sanction of their oaths. 1t was exacting
4 pledge in advance on quasl-judcial act
= when not acting under the sanctity OF al
q oath, upon u matter which Senators nigh
: be called upon to deliberate while under thu
. solemnity of their obligations.
When one fellow-cltlzen is claiming superior
" virtues over another it is well to ponde
J, whether or not he is not delndng himseI
courage is proved by his battle sears, his do
. nestle virtues and his private life and tn
:, integrity of his public career is UNIVERSAL.
!, acknowledged. but may he not be decelvln!
!, himself when he assumes an independence o
! thought and directness OF action not pos
sessed by any OF his fellow citizens" May no
2 the deciarasicn, II will allow 40 mai, or sc
n of men to, control my ACTIONS, he the. re
" verse of the fact, and confession OF al
/; anlable weakness?
l. The revolution inaugurated in 1876 di,
> not stop with the events Of that day. tn
people of
:. TESsAs, NATCHrTocHEs AND CADDo
had to place themselves in line with Demo
: cratic North Louisiana. The same feeling
I ana impulses which gave rise to the grea
g movement throughout Louisiana in 1875
d influenced the people of those parishes t
y overthrow the same despotlsm in 1878. |
IS The people We're Just ned i'll 1876 i'll thei
= revolution against oppression and wrong. =
!, were they justified III 1878. Coz. hlcioll
n may. or may not. have sympathiZed wit
r the, Tensas OF Natchltoches prisoners. Ill
n feelings are not matter of importance. the
are,tnt emotional parts of his nature, am
= without an outward expression. there is II
e means of analysis. And his outward ey
$ preSsons are natter OF little moment In tn
e moral aspect of the movement, unless sorl
d mary is done to those who are affected b
d Its expression.
o ,IrntI man from Ma tchitochas and Tense